What are the victims rights when their case is dropped?

Answer 1

There are three methods by which cases can be "dropped."

(1) Nolle Prosequi - by the prosecutor

(2) Dismissal WITH Prejudice - by the judge

(3) Dismissal WITHOUT Prejudice - by the judge.

To answer specifically requires knowing which of these three ways was in effect.

Regarding the arrest however - Unless it can be proven that the arresting officer was guilty of criminal malice (i.e.; false arrest) - if sufficient probable cause existed, and the arrest was conducted under legal guidelines, it does not affect the quality of the arrest that the case was later 'dropped.'

Another View: The answer does not require knowledge of which method the case is dropped, because the victim has no rights, with one minor exception, in any of the methods.

A criminal charge is one in which the State prosecutes a defendant on a charge of commission of a crime. The State is enforcing its law and public policy in order to preserve the peace. The State is represented by a prosecutor, district attorney or US Attorney or other similar official and is the only party permitted to act on behalf of the State. Victims have no right to represent the State and prosecute criminal charges except in some very limited situations. Therefore:

If the State decides to drop charges or not to bring charges, or to bring lesser charges than the victims believes is warranted, the victim has no right to pick up where the State left off, because individual persons have no right to represent the State and prosecute crimes.

If the court dismisses charges with prejudice, the State must take an appeal. If the States declines to appeal, the victim has no right to file the appeal, because the individual persons have no right to represent the State and prosecute crimes.

If the court dismisses the charges without prejudice, the State may reinstate the charges, but if it declines to do so, the victim has no right to reinstate them himself, because individuals have no right to represent the State and prosecute crimes.

The very minor and limited exception occurs when a State refuses to prosecute a minor offens ans state law specifically allows the victim to be a "private prosecutor." This is a practice that has virtually disappeared from criminal jurisprudence. It usually occurred when two people get into a fight then file complaints with the police for assault and battery chargers against one another. In some situations like that the facts are so muddled that the State has no idea which party to prosecute. And the charges are so minor that it is a waste of resources to prosecute either one of them. So the State steps aside and tells the two combatants to go ahead and knock yourselves out . . but in court this time.

Answer 2

When a case is dropped, victims still have certain rights. These rights may include the right to be informed about the reasons for the case being dropped, the right to be treated with dignity and respect, and the right to receive support and services from victim assistance programs. Additionally, victims may have the right to pursue civil remedies or request a review of the decision to drop the case.